Posted by By Kio Nimengoka on
A Warri High Court on Wednesday May 25, 2005 awarded the sum of N80 million against Professor Oyewale Tomori and Guardian Newspapers Limited for tarnishing the reputation of Professor Tam David-West, a renowned virologist through a malicious publication.
A Warri High Court on Wednesday May 25, 2005 awarded the sum of N80 million against Professor Oyewale Tomori and Guardian Newspapers Limited for tarnishing the reputation of Professor Tam David-West, a renowned virologist through a malicious publication.
The defendants who were physically absent in court including their counsel on the judgment day are equally to dole out the sum of N20,000 as cost to Professor David-West.
Delivering his judgment, Justice A P.E. Awala said in a civil action where a party's pleadings and evidence are not challenged despite all ample opportunities given to the adverse party, the uncontroverted pleadings or evidence are admitted as truth and judgment must be entered in favour of the diligent litigant.
Justice Awala said in the absence of such evidence or pleadings by the defendants, the court has no choice than to enter judgment in favour of Professor David-West, the plaintiff.
The presiding Judge said in awarding damages to the plaintiff, he took into consideration the pleadings and evidence of the plaintiff who is "an academic genius, his reputation nationally and internationally" which no evidence contrary to it had been adduced in court.
Justice Awala also restrained the defendants and their agents or servants through a perpetual injunction from further publishing the said or libel against the plaintiff.
Earlier in his submission, counsel to the plaintiff, Mr. A. M. Oriakhi had said that the following words were published against the plaintiff in the Guardian newspaper that "David West absolutely is of no use to UI. He will create problems and diversion. The University never promised him a job. He was only trying to be clever. Infact he never applied."
Mr. Oriakhi submitted to say that a "Professor of Virology is absolutely of no use to the department of Virology of the University of Ibadan is to say the least that the Professor is Professionally useless, incompetent and of no use."
The counsel pointed out that there was no defence to the claim, no apology, and the plaintiff has completely established his case and urged the court to grant the plaintiff's claim of N100 million considering his reputation nationally and internationally.
In his evidence during the trial, the plaintiff, Professor David-West said the libel as contained in The Guardian on Sunday newspaper of March 8, 1992 captioned "Fafunwa to Intervene in David-West Impasses" published false and malicious words against him.